Estate of Stroetker v. Caskey

HOFF, Judge.

Joseph Stroetker (Stroetker), personal representative of the estate of Robert J. *36Stroetker (decedent), appeals the judgment entered by the trial court on his petition to discover assets and to declare and distribute a trust. The trial court denied Stroetker’s request to impose a constructive trust upon assets that decedent’s nephew, Albert L. Caskey (Caskey), acquired through operation of law as a joint tenant with right of survivor-ship on assets with decedent.

In his first, second, and third points, Stroetker argues alternatively that the joint tenancy with right of survivorship…